(1) As used in this section:

Terms Used In Oregon Statutes 498.062

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

(a) ‘Beaver’ means a member of the species Castor canadensis.

(b) ‘Forest practices’ has the meaning given that term in ORS § 527.620.

(c) ‘Forestland’ has the meaning given that term in ORS § 527.620.

(d) ‘Small forestland’ means forestland whose owner owns or holds common ownership interest in less than 5,000 acres of forestland in this state.

(2) Notwithstanding ORS § 498.012 (1), an owner of forestland, other than small forestland, or a designee of the owner, may take a beaver on the owner’s forestland only if:

(a) The beaver apparently poses a threat to infrastructure.

(b) The owner or a designee of the owner first requests that the State Department of Fish and Wildlife address the threat to infrastructure apparently posed by the beaver.

(c) The owner or a designee of the owner waits 30 days after making the request described in paragraph (b) of this subsection before taking the beaver.

(3) If the department receives a request under subsection (2)(b) of this section, the department shall make a reasonable attempt to nonlethally relocate the beaver, as department resources allow, or otherwise address the threat to infrastructure apparently posed by the beaver, in consultation with the owner or a designee of the owner.

(4) Notwithstanding subsection (2) of this section and ORS § 498.012 (1), if a beaver on privately owned forestland damages or imminently threatens infrastructure, an owner of forestland, other than small forestland, or a designee of the owner, may take the beaver without submitting a request to the department under subsection (2) of this section.

(5) An owner, or a designee of an owner, that takes a beaver under subsection (2) or (4) of this section must report the taking as described in ORS § 498.061.

(6) In consultation with persons engaged in forest practices and other interested stakeholders, the department shall:

(a) Make reasonable attempts to nonlethally relocate beavers, as department resources allow.

(b) Develop a program for voluntarily relocating beavers.

(7) Notwithstanding ORS § 496.162 (3), the State Fish and Wildlife Commission shall adopt rules to implement this section. [2022 c.33 § 23]

 

498.062 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (second note following 498.061).